San Francisco District, Corps of Engineers
333 Market Street
San Francisco, CA 94105-1905

October 28, 1996                                                                     03 00070 96102803

Mr. Robert D. Johnston, President
Dutra Dredging Company
1000 Point San Pedro Road
San Rafael, CA  94901

Subject:  Superintendence by the Contractor, FAR 52.236-6
                 Communication Metrics and Notes of Meetings
                 Serial Letter No. CESPN-CT 95-C-0003-0010

Dear Mr. Johnston:
Reference is made to your contract DACW07-95-C-0003 for (-)42' Navigation Improvement, Oakland Inner and Outer Harbors, Alameda and San Francisco Counties, California.

This responds to your memo dated Oct 15, 1996 to Tom White, Project Engineer stating in part:

I am very disturbed over the "minutes" of our last meeting, Wednesday, October 9, 1996.

There are many comments purported to be discussions that 1) did not happen in our public meeting and 2) are not reported as they were stated in the meeting.

Therefore, we reject these "minutes" as inaccurate and misleading.

We request accurate minutes be issued to the parties in attendance.

You raised this concern again during the Progress Meeting on Oct 15, 1996. COE notes of that meeting issued to Dutra on or about Oct 21, 1996, sets out your concern and the COE policy and objectives in communicating with the Contractor.

Mr. Robert D. Johnston, President                                  Page 2 of 2
Dutra Dredging Company
Subject:  Superintendence by the Contractor, FAR 52.236-6
          Metrics and Notes of Meetings
          Letter No. CESPN-CT 95-C-0003-0010

I am by this letter affirming such policy and objectives as the COE response to your Oct 15 memo. I am in addition advising that COE communications do not seek acceptance nor rejection by the Contractor.

COE communications, including notes of meetings, inform the Contractor of understandings COE has drawn from events about what needs to be done, action COE is taking and action it expects the Contractor is taking. This provides the Contractor an early opportunity to object, as you did during the meeting, noting an omission of a comment by Marc McGovern, as reported in the notes of the meeting for Oct 15, 1996 at line 100516. Since that is the only correction you offered, COE holds that it is the full and complete scope of deficiencies you complain about in your Oct 15, memo to Tom White.

Dutra is urged to continue making timely notice of information you feel is incorrect, as will COE to Dutra, so that each side may proceed in confidence about understandings on pending matters. Complaining after actions are taken causes harm which COE holds is avoidable and thus the responsibility of Dutra.

As explained at the meeting on Oct 9, 1996 COE is using Communication Metrics to correlate performance with contract requirements. This will help both sides work through pending claims and other matters, and also avoid misunderstandings that otherwise lead to needless delays, extra cost and claims. In this regard COE is encouraged by your observation at the Progress Meeting on Oct 22, 1996 that the meeting notes were improved, and that you offered no corrections. We are prepared to discuss this methodology with Dutra to accommodate reasonable concerns, and have offered to do so at a convenient time to you.


Shirley Turnbo
Contracting Officer

Copy To:

T. White, R. Andrews, M. McGovern